Few processes in Indiana State's legal system could seem to take longer than waiting for your driver's license to be reinstated after a suspension. At least, that was the case before Indiana Code 9-30-16 was put into effect in early 2015, which broadened the definition of people who could be eligible for specialized driving privileges. And yet, many Indianans today are still completely unaware of their rights as someone who has had their license suspended. At our Fort Wayne criminal defense and DUI law firm, we want to ensure that the people in our community know their legal rights, and so we have attempted to put the legalese of IC 9-30-16 into layman's terms below.
A Rundown of IC 9-30-16
The main reason why IC 9-30-16 should benefit more people than it troubles is because it does not go through a long list of people ineligible for specialized driving privileges but instead makes a short list of people who are not eligible. This focus on a handful of disqualified categories leaves everything else more or less up for debate and up to a judge's discretion.
You are deemed ineligible under this new statute if you:
- Never had a license in the first place
- Have a commercial license (think truck drivers)
- Refused to take a chemical test for DUI suspicion
- Have been convicted for vehicular manslaughter
- Used a specialized driving permit in the past and violated its mandates
If you do qualify for a specialized driving permit, it will grant you the ability to drive despite having your license suspended for at least 180 days. The permit will often also require you to have an ignition interlock device (IID) installed in your vehicle, and it will say where you can drive, at what time, and for what purpose. You also need to have active car insurance when you have your specialized permit and be ready to show it to any law enforcement officers who pull you over.
In addition to saying who can get a specialized driving permit after a suspension, Indiana Code 9-30-16 lays down some ground rules for what else can trigger a suspension in the first place. Any criminal conviction involving a car-related offense may cause suspension equal to the maximum amount of incarceration. For example, you may be in jail for 6 months and get out only to then face a 6-month license suspension. In addition, the suspension may begin before an actual conviction – this is a point of controversy as it seemingly ignores "innocent until proven guilty" standards. However, if you are facing multiple suspensions for one string of charges, those suspensions happen at the same time, rather than one at a time, one after the other.
Do you have more questions? Do you think you are eligible for a specialized driving permit but don't know where to begin? Team up with Fort Wayne DUI Attorney Gregory A. Miller for all the legal guidance and counsel you need. He can get you through the system as quickly and painlessly as possible, as well as bring your case before the judge if need be. Start up with a free consultation by dialing 260.833.7249 today.
